Denied spouse visa

[VALERIOBIANCONI]

Hi There,

my fiancee' is Vietnamese and she firstly came to the UK with a T4 Student Visa in July 2014. The Visa will expire on July 30th 2016. I am Italian.

We gave notice of marriage in January 2016 and then she flew back to Vietnam. Our application was referred to the Home Office, which sent us a letter 2 months later stating we complied with the investigation and we could book a wedding ceremony.

The wedding ceremony was successfully booked. We applied for a Spouse Visitor Visa to comply with the law, even though her student VISA is still valid (I did read online immigration officers can make it difficult to let one in if the course has ended).

Despite we enclosed : booking confirmation documents from Southampton registry office, letters from the home office stating we complied with the investigation, my contract of employment, proof of address, bank statements for 6 months alongside the relevant payslilps, my fiancee's contract of employment plus last 2 payslips, our application was denied.

The officer said s/he is not satisfied with the financial documents provided by my fiancee', stating these can be easily fabricated. S/he stated the payslips provided need to be supported by independent documentation, which is vague and nitpicking. In essence, they're not happy with the financial documentation provided, but they did not say what sort of supporting documents they're after.

Furthermore, they said they're not sure our relationship has perdured since she went back to Vietnam. We can still demonstrate that using facebook, whatsapp, skype documents, so this is not a problem.

On the bottom of the letter, it is written there's not right to appeal and that the application did not meet the requirements stated in paragraphs V4.2, V4.10, V6.3 (c) of appendix V: Immigration Rules for visitors.

I wrote my MP but I'm sure he can help.
A lawyer suggested me to get married outside the UK and apply for a Family EEA visa.

I find it weird they refused a VISA for an already set marriage. I also wrote a letter stating I'll look after my fiancee' fianncially. Plus, they know my address and my employer and I am happy to be prosecuted if she doesn't leave the country after the wedding.

I quote the last paragraph:

"Based upon the above I am not satisfied that you are genuinely seeking entry as a visitor and will
leave the UK at the end of your visit and you application is refused under paragraph 4.2 a) of appendinx V. In addition I am not satisfied that you will access sufficient funds to cover all reasonable costs without working or recurring to public funds. Paragraph 4.2 (a) and 3.6 (a) and (c). Furthermore, I am not satisfied you do not intend entering a sham marriage and refuse your application under paragraph V6.3 (c).

There is not right to appeal or administrative review. "

Please note, again, I stated I will look after her financially for her period in the UK, I attached my contract of employement of £25k/ 30k OTE, and none called me to double check.

Can someone help please?

[noajthan]

Most unfortunate.
Not quite sure what you mean by a "Spouse Visitor Visa".

Did you apply for the correct visa?
Was it a standard UK visitor visa that you had applied for? - that won't do!

spouse visa - for an already married spouse to join other, British spouse in UK;

marriage visa - for someone to come to UK to get married and then leave UK;

fiancee visa - for a fiancee to come to UK and get married within 6 months; then stay in UK by transferring to a spouse visa.

What is your plan and what do you intend to do?

If the long-term plan is to settle together in UK then you may be better off marrying abroad then bringing wife to UK via a UK FP entry visa.
Reside in UK under EU law (assuming that you as EEA sponsor would be exercising treaty rights in UK).

[VALERIOBIANCONI]

Most unfortunate.
Not quite sure what you mean by a "Spouse Visitor Visa".

Did you apply for the correct visa?
Was it a standard UK visitor visa that you had applied for? - that won't do!

spouse visa - for an already married spouse to join other, British spouse in UK;

marriage visa - for someone to come to UK to get married and then leave UK;

fiancee visa - for a fiancee to come to UK and get married within 6 months; then stay in UK by transferring to a spouse visa.

What is your plan and what do you intend to do?

If the long-term plan is to settle together in UK then you may be better off marrying abroad then bringing wife to UK via a UK FP entry visa.
Reside in UK under EU law (assuming that you as EEA sponsor would be exercising treaty rights in UK).

Dear noajthan,

thanks a lot for your answer. We applied for the Marriage Visitor Visa (https://www.gov.uk/marriage-visa/overview ).

Our plan is to get married in July. Then she will need to come back to Vietnam for some months to work (that's why we provided her contract of employement plus a letter from the headteacher of the school where she works). We will apply for a proper Spouse Visa (for her to settle in the UK) in approximately 1 year time.

All this info has been provided in the letter I wrote. We also enclosed the return ticket.

[noajthan]

Dear noajthan,

thanks a lot for your answer. We applied for the Marriage Visitor Visa (https://www.gov.uk/marriage-visa/overview ).

Our plan is to get married in July. Then she will need to come back to Vietnam for some months to work (that's why we provided her contract of employement plus a letter from the headteacher of the school where she works). We will apply for a proper Spouse Visa (for her to settle in the UK) in approximately 1 year time.

All this info has been provided in the letter I wrote. We also enclosed the return ticket.

So you did apply for the appropriate visa.

In that case, sadly, the caseworker was not satisfied with the evidence submitted.
Other members may be able to suggest if its worth beefing up the application and trying again.

Has your fiancee's course already finished? (as her student visa is still valid and you already have permission to marry).
However that could be a high-risk strategy if now attempting to re-enter the country under UK Immigration Regulations.

It seems your only alternatives may be to have a wonderful wedding in one of your home countries.

Then wife should be able to come to UK under the EU migration route (on a Family Permit) in due course.